SHAM SUNDER,J. - (1.) THIS appeal is directed against the judgment of conviction dated 16.11.1999, and the order of sentence dated 18.11.1999, rendered by the Judge, Special Court, Karnal, vide which he convicted the accused/appellant, for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him, to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of 2-1/2 years, for having been found in possession of 7 bags, out of which 4 bags, each containing 37 kgs. 250 grams poppy-husk, and 3 bags, each containing 36 kgs. 250 grams poppy-husk, without any permit or licence.
(2.) THE facts, in brief, are that on 9.9.1995, Ram Saran, Inspector, alongwith other police officials, was present, at bus stand of village Danoli, on Assandh-Safidon road, in connection with patrol duty, and checking, when Roor Singh, independent witness of village Bilona met them. In the meanwhile, the accused was seen coming from the side of Safidon, in a bullock cart, which was loaded with gunny bags. On seeing the police party, he stopped the bullock cart. On suspicion, he was apprehended. On interrogation, he disclosed his name as Darshan Singh S/o Joginder Singh R/o Danoli. Ram Saran, Inspector, checked the contents of 7 gunny bags, lying in the bullock cart. 4 bags, were found containing 37 kgs. 250 grams poppy-husk each, whereas, 3 bags, were found containing 36 kgs. 250 grams poppy-husk each. A sample of 250 grams poppy-husk, was taken out from each of the bags, and the remaining poppyhusk, was kept into the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed with the seals, and taken into possession, vide a separate recovery memo. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The statements of the witnesses, were recorded. After the completion of investigation, he was challaned. On appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty, and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Naresh Chander, HC (PW- 1), Ranbir Singh, Constable (PW-2), Jagdev Singh, ASI, (PW-3), and Ram Saran, Inspector, (PW-4), the Investigating Officer. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.;